Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case
Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.
A:
If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.
If you are being criminally prosecuted and she is planning on being a witness against you, then you need to sit down with your criminal law attorney to discuss the contents of the report and how (if at all) the contents of the report can be used to discredit her.
A: Maybe but a lot more information would be needed to be known before a lawyer could properly answer your question. Most evidence can be used in criminal court, but evidence standards still apply. Furthermore if this is a criminal case and you are not the defendant you generally can't present anything the prosecutor has to do that.
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